The Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005

Article 5(8)

SCHEDULE 2FURTHER TRANSITIONAL PROVISIONS

Transitional provisions relating to the 1993 Act

1.  Section 175 of the 1993 Act (levies towards certain expenditure) shall be modified so that it shall have effect as if, for the words “be recoverable by the Registrar” in subsection (8), there were substituted the words “be recoverable by the Regulatory Authority”.

Transitional provisions relating to section 2 of the 1995 Act

2.  Section 2 of the 1995 Act (reports to the Secretary of State) shall be modified so that it shall have effect as if, after subsection (1), there were inserted the following subsection—

“(1A) The Regulatory Authority must prepare a report for the period commencing 1st April 2004 and ending 5th April 2005 and must send the report to the Secretary of State as soon as practicable after the end of that period.”.

Transitional provisions relating to section 96 of 1995 Act

3.  Section 96 of the 1995 Act (review of decisions) shall be modified so that it shall have effect as if—

(a)for the words “any determination of theirs” in subsection (2), there were substituted the words “any determination of the Occupational Pensions Regulatory Authority”; and

(b)for the words “any other such determination of theirs” in paragraph (a) of subsection (3), there were substituted the words “any other such determination of the Occupational Pensions Regulatory Authority”.

Transitional provisions relating to section 97 of the 1995 Act

4.  Section 97 of the 1995 Act (references and appeals from the Authority) shall be modified so that it shall have effect as if, for the words “the Authority” in each place where they appear in subsections (1) to (4) and (7), there were substituted the words “the Determinations Panel of the Pensions Regulator”.

Transitional provisions relating to section 103 of the 1995 Act

5.  Section 103 of the 1995 Act (publishing reports) shall be modified so that it shall have effect as if, for the words “any investigation under this Part”, there were substituted the words “any investigation by the Occupational Pensions Regulatory Authority under this Part”.

Transitional provisions relating to paragraph 16 of Schedule 1 to the 1995 Act

6.  Paragraph 16 of Schedule 1 to the 1995 Act (accounts) shall be modified so that it shall have effect as if—

(a)at the beginning of sub-paragraph (1), for the word “It” there were substituted the words “Subject to paragraph (1A), it”; and

(b)after sub-paragraph (1), there were inserted the following sub-paragraph—

“(1A) The statement of accounts which the Authority is required to prepare in respect of the financial year commencing 1st April 2004 shall also include its accounts for the period commencing on 1st April 2005 and ending on 5th April 2005.”.